33 U.S.C. § 883a — Surveys and other activities

Page 257 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 883a Pub. L. 115–31, div. B, title I, § 104, May 5, 2017, 131 Stat. 191. Pub. L. 114–113, div. B, title I, § 104, Dec. 18, 2015, 129 Stat. 2294. Pub. L. 113–235, div. B, title I, § 104, Dec. 16, 2014, 128 Stat. 2181. Pub. L. 113–76, div. B, title I, § 104, Jan. 17, 2014, 128 Stat. 51. Pub. L. 113–6, div. B, title I, § 105(b), Mar. 26, 2013, 127 Stat. 242. § 878b. Safety and health regulations for sci- entific and occupational diving On and after March 11, 2009, the Secretary of Commerce is permitted to prescribe and enforce standards or regulations affecting safety and health in the context of scientific and occupa- tional diving within the National Oceanic and Atmospheric Administration. (Pub. L. 111–8, div. B, title I, § 106, Mar. 11, 2009, 123 Stat. 568.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Commerce Appropriations Act, 2009, which is title I of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009, which is div. B of the Omni- bus Appropriations Act, 2009. SIMILAR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation act: Pub. L. 110–161, div. B, title I, § 110, Dec. 26, 2007, 121 Stat. 1893. SUBCHAPTER II—SURVEYS §§ 881 to 883. Repealed. Aug. 6, 1947, ch. 504, § 10(2)–(5), 61 Stat. 788 Section 881, R.S. § 4681, related to authority of the President to order surveys of coasts of the United States. See section 883a of this title. Section 882, R.S. § 4682, related to additional author- ity to order surveys beyond twenty-league limit. See section 883a of this title. Section 883, R.S. §§ 4683, 4684, related to mode of con- ducting surveys generally. See sections 883a and 883b of this title. § 883a. Surveys and other activities To provide charts and related information for the safe navigation of marine and air commerce, and to provide basic data for engineering and scientific purposes and for other commercial and industrial needs, the Secretary of Commerce, is authorized to conduct the following activities: (1) Hydrographic and topographic surveys; (2) Tide and current observations; (3) Geodetic-control surveys; (4) Field surveys for aeronautical charts; (5) Geomagnetic, seismological, gravity, and related geophysical measurements and inves- tigations, and observations for the determina- tion of variation in latitude and longitude. (Aug. 6, 1947, ch. 504, § 1, 61 Stat. 787; Pub. L. 86–409, Apr. 5, 1960, 74 Stat. 16; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.) Editorial Notes AMENDMENTS 1960—Pub. L. 86–409 struck out provisions which re- stricted the Coast and Geodetic Survey in the conduct of its specified activities to the United States, its Ter- ritories and possessions, and which restricted hydro- graphic and topographic surveys to surveys of coastal water and land areas (including offlying islands, banks, shoals, and other offshore areas), and to surveys of lakes, rivers, reservoirs, and other inland waters not otherwise provided for by statute. Statutory Notes and Related Subsidiaries CONTINUOUS PLANKTON RECORDER SURVEY Pub. L. 117–328, div. JJ, title III, § 301, Dec. 29, 2022, 136 Stat. 6092, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Dec. 29, 2022], and on an ongoing basis thereafter, the Secretary of Commerce shall conduct a Continuous Plankton Recorder survey. ‘‘(b) REQUIRED ELEMENTS.—For the purpose of con- ducting the survey required under subsection (a), the Northeast Fisheries Science Center shall— ‘‘(1) to the extent possible, utilize the resources of and partner with, on a volunteer basis, research insti- tutions, nonprofit organizations, commercial vessels, and other Federal agencies; ‘‘(2) in as short a time as possible, ensure relevant survey samples and results are analyzed, stored, archived, and made publicly available; ‘‘(3) prioritize the collection of plankton samples and data that inform the conservation of North At- lantic right whales; and ‘‘(4) to the extent practicable, coordinate with the Government of Canada to develop a transboundary understanding of plankton abundance and distribu- tion. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section there is authorized to be appropriated to the Secretary of Commerce $300,000 for each of fiscal years 2023 through 2032, which shall be derived from ex- isting funds otherwise appropriated to the Secretary.’’ GREAT LAKES ENVIRONMENTAL SENSITIVITY INDEX Pub. L. 116–274, Dec. 31, 2020, 134 Stat. 3356, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Great Lakes Environ- mental Sensitivity Index Act of 2020’. ‘‘SEC. 2. UPDATE TO ENVIRONMENTAL SENSI- TIVITY INDEX PRODUCTS OF NATIONAL OCE- ANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT LAKES. ‘‘(a) UPDATE REQUIRED FOR ENVIRONMENTAL SENSI- TIVITY INDEX PRODUCTS FOR GREAT LAKES.—Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2020], the Under Secretary for Oceans and Atmosphere shall commence updating the environ- mental sensitivity index products of the National Oce- anic and Atmospheric Administration for each coastal area of the Great Lakes. ‘‘(b) PERIODIC UPDATES FOR ENVIRONMENTAL SENSI- TIVITY INDEX PRODUCTS GENERALLY.—Subject to the availability of appropriations and the priorities set forth in subsection (c), the Under Secretary shall— ‘‘(1) periodically update the environmental sensi- tivity index products of the Administration; and ‘‘(2) endeavor to do so not less frequently than once every 7 years. ‘‘(c) PRIORITIES.—When prioritizing geographic areas to update environmental sensitivity index products, the Under Secretary shall consider— ‘‘(1) the age of existing environmental sensitivity index products for the areas; ‘‘(2) the occurrence of extreme events, be it natural or man-made, which have significantly altered the shoreline or ecosystem since the last update; ‘‘(3) the natural variability of shoreline and coastal environment; and ‘‘(4) the volume of vessel traffic and general vulner- ability to spilled pollutants. Page 258 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 883a ‘‘(d) ENVIRONMENTAL SENSITIVITY INDEX PRODUCT DE- FINED.—In this section, the term ‘environmental sensi- tivity index product’ means a map or similar tool that is utilized to identify sensitive shoreline, coastal or off- shore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use re- sources. ‘‘(e) FUNDING.—Funds to carry out the activities under this section shall be derived from amounts au- thorized to be appropriated for the Under Secretary that are enacted after the date of the enactment of this Act.’’ GREAT LAKES MAPPING Pub. L. 100–220, title III, subtitle B, Dec. 29, 1987, 101 Stat. 1475, as amended by Pub. L. 100–629, § 3, Nov. 7, 1988, 102 Stat. 3286, provided that: ‘‘SEC. 3201. SHORT TITLE. ‘‘This subtitle may be cited as the ‘Great Lakes Shoreline Mapping Act of 1987’. ‘‘SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN. ‘‘(a) PREPARATION OF PLAN.—Not later than nine months after the date of the enactment of this subtitle [Dec. 29, 1987], the Director, in consultation with the Director of the United States Geological Survey, shall submit to the Congress a plan for preparing maps of the shoreline of the Great Lakes under section 3203. ‘‘(b) CONTENT OF PLAN.—A plan prepared under para- graph (1) shall include— ‘‘(1) a work proposal and a division of responsibil- ities between the National Oceanic and Atmospheric Administration and the United States Geological Survey; ‘‘(2) a time schedule for completion of maps; ‘‘(3) recommendation of funding needed for pre- paring the maps; and ‘‘(4) an area mapping schedule, with first priority given to shoreline areas subject to a high risk of ero- sion or flooding. ‘‘SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS. ‘‘(a) IN GENERAL.—The [sic] following completion of a shoreline mapping plan under section 3202 and subject to authorization and appropriation of funds, the Direc- tor, in consultation with the Director of the United States Geological Survey, shall prepare maps of the shoreline areas of the Great Lakes. ‘‘(b) CONTENT OF MAPS.—Maps prepared under this section— ‘‘(1) shall include— ‘‘(A) bathymetry of the nearshore area, to the ex- tent that this area will affect coastal erosion and flooding; ‘‘(B) topography of the adjacent shoreline, to the extent that this area will directly affect or be af- fected by coastal erosion and flooding; ‘‘(C) the geological conditions of the nearshore area and shoreline to the extent that these areas will directly affect or be affected by coastal erosion and flooding; ‘‘(D) information on the recent geological past of the nearshore area and shoreline areas described in paragraph (3); and ‘‘(E) appropriate information for use in predicting and preventing damage caused by erosion and flood- ing in the Great Lakes; ‘‘(2) shall be of appropriate scale and detail and take into account the greater informational needs of areas subject to a high risk of erosion or flooding; and ‘‘(3) to the maximum extent practicable, shall be consistent with similar shoreline maps prepared by, or for the use of, the Government of Canada. ‘‘(c) CONSULTATION.—In preparing maps under this section, the Director shall consult with, and take into consideration, the informational needs of— ‘‘(1) the Army Corps of Engineers; ‘‘(2) the Federal Emergency Management Agency; ‘‘(3) other appropriate Federal agencies; ‘‘(4) the States of Illinois, Indiana, Michigan, Min- nesota, New York, Ohio, Pennsylvania, and Wis- consin; ‘‘(5) appropriate local government units; and ‘‘(6) the general public. ‘‘(d) AVAILABILITY OF MAPS.—The Director shall make maps prepared under this section available to— ‘‘(1) Federal agencies; ‘‘(2) State governments; ‘‘(3) local government units; ‘‘(4) the Government of Canada; and ‘‘(5) the general public. ‘‘(e) RECOVERY OF COSTS.—The costs of reproducing and distributing maps prepared under this section may be recovered under section 9701 of title 31, United States Code, or another law. ‘‘SEC. 3204. CONTRACT AUTHORITY. ‘‘The Director may, subject to appropriations, enter into contracts and agreements on a reimbursable or cost-sharing basis with other Federal agencies, State governments, local governments, and private entities, to carry out this subtitle. ‘‘SEC. 3205. DEFINITIONS. ‘‘For purposes of this subtitle— ‘‘(1) The term ‘Director’ means the Director of Charting and Geodetic Services of the National Ocean Service, within the National Oceanic and Atmos- pheric Administration. ‘‘(2) The term ‘Great Lakes’ means Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, Lake St. Clair, Lake Superior, the Saint Mary’s River, the Saint Clair River, the Detroit River, the Niagara River, the Saint Lawrence River to the Canadian border, to the extent such lakes and rivers are subject to the juris- diction of the United States. ‘‘(3) The term ‘high risk of erosion’ means subject to erosion at a rate greater than 1 foot per year. ‘‘SEC. 3206. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to carry out section 3202 not more than $100,000 for fiscal year 1989. Amounts appropriated pursuant to this section shall remain available until expended.’’ [For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.] [For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] TRANSFER OF FUNCTIONS Functions of Secretary and other officers of Depart- ment of Commerce under sections 883a to 883h of this title that relate to the Office of Aeronautical Charting and Cartography to provide aeronautical charts, prod- ucts, and services for safe and efficient navigation of air commerce transferred to Administrator of Federal Aviation Administration effective Oct. 1, 2000, see sec- tion 44721(c)(1) of Title 49, Transportation. Executive Documents TRANSFER OF FUNCTIONS Office of Director of Coast and Geodetic Survey abol- ished and Coast and Geodetic Survey consolidated with Page 259 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 883d Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all func- tions of Coast and Geodetic Survey and Director. For further details, see note set out under section 851 of this title. § 883b. Dissemination of data; further activities In order that full public benefit may be de- rived from the operations of the National Ocean Survey by the dissemination of data resulting from the activities herein authorized and of re- lated data from other sources, the Secretary of Commerce is authorized to conduct the fol- lowing activities: (1) Analysis and prediction of tide and current data; (2) Processing and publication of data, infor- mation, compilations, and reports; (3) Compilation and printing of nautical charts; (4) Distribution of nautical charts and related navigational publications. (Aug. 6, 1947, ch. 504, § 2, 61 Stat. 787; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 106–181, title VI, § 605(a), Apr. 5, 2000, 114 Stat. 154.) Editorial Notes AMENDMENTS 2000—Par. (3). Pub. L. 106–181, § 605(a)(1), (2), redesig- nated par. (4) as (3), substituted ‘‘charts;’’ for ‘‘charts of the United States, its Territories, and possessions;’’ and struck out former par. (3) which read as follows: ‘‘Compilation and printing of aeronautical charts of the United States, its Territories, and possessions; and, in addition, the compilation and printing of such aero- nautical charts covering international airways as are required primarily by United States Civil aviation;’’. Par. (4). Pub. L. 106–181, § 605(a)(1), (3), redesignated par. (6) as (4) and substituted ‘‘publications’’ for ‘‘publi- cations for the United States, its Territories, and pos- sessions’’. Former par. (4) redesignated (3). Par. (5). Pub. L. 106–181, § 605(a)(1), struck out par. (5) which read as follows: ‘‘Distribution of aeronautical charts and related navigational publications required by United States civil aviation;’’. Par. (6). Pub. L. 106–181, § 605(a)(1), redesignated par. (6) as (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of Title 49, Transportation. Executive Documents TRANSFER OF FUNCTIONS Office of Director of Coast and Geodetic Survey abol- ished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all func- tions of Coast and Geodetic Survey and Director. Sub- sequently, Environmental Science Services Adminis- tration abolished and National Oceanic and Atmos- pheric Administration established by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organiza- tion and Employees. By Department Organization Order 25–5A, Secretary delegated to NOAA his func- tions under this chapter of the Code. By order of Acting Associate Administrator of NOAA, organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see note set out under section 851 of this title. § 883c. Geomagnetic data; collection, correlation, and dissemination To provide for the orderly collection of geo- magnetic data from domestic and foreign sources, and to assure that such data shall be readily available to Government and private agencies and individuals, the National Ocean Survey is designated as the central depository of the United States Government for geomagnetic data, and the Secretary of Commerce is author- ized to collect, correlate, and disseminate such data. (Aug. 6, 1947, ch. 504, § 3, 61 Stat. 787; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Executive Documents TRANSFER OF FUNCTIONS Office of Director of Coast and Geodetic Survey abol- ished and Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all func- tions of Coast and Geodetic Survey and Director. Sub- sequently, Environmental Science Services Adminis- tration abolished and National Oceanic and Atmos- pheric Administration established by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organiza- tion and Employees. By Department Organization Order 25–5A, Secretary delegated to NOAA his func- tions under this chapter of the Code. By order of Acting Associate Administrator of NOAA, organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see note set out under section 851 of this title. § 883d. Improvement of methods, instruments, and equipments; investigations and research To improve the efficiency of the National Ocean Survey and to increase engineering and scientific knowledge, the Secretary of Com- merce is authorized to conduct developmental work for the improvement of surveying and car- tographic methods, instruments, and equip- ments; and to conduct investigations and re- search in geophysical sciences (including geod- esy, oceanography, seismology, and geomagnetism). (Aug. 6, 1947, ch. 504, § 4, 61 Stat. 788; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)